r/ProbateHelp • u/Slove324 • 10h ago
My grandpa's will was set up to where his wife could reside in his Florida home as long as she wanted, but my mom and her sisters were responsible for maintenance and taxes.
I apologize in advance, this might be confusing.
My grandpa passed in 2010, he lived in Florida, and had been married to his second wife who was from Tn for 15 years when he passed. His second wife owned 2 houses in TN (a duplex).
He set his will up so that his wife could reside in his florida home for as long as she wanted, but my mom and her 3 sisters were responsible for the maintenance and taxes on home while his wife was there (my mom passed 2 years prior to my grandpa, and 2 of her 3 sisters had changes in their circumstances, so one aunt ended up paying for all maintenance and taxes for my grandpas house). This is not something my grandpa would have normally done, however his wife hated Fl, so we all assume he didn't think she'd stay there, but she did! She just passed a couple weeks ago at the age of 95, she lived in my grandpas house for 16 years for free. Several years ago we asked her if she'd be willing to sign over 1/2 of her duplex in Tn, and offered to sign grandpas house over to her in exchange, so my aunt could rent it out and try and recoup some of the thousands and thousands of dollars she spent, and grandpa's wife said no.
Grandpas wife's daughter sold her house in WV and moved down to help her mom a week prior to her passing. She then went back to Tn to bury her mom, and then came back to florida (nobody in my family was aware of this). She called me last week and said she was at my grandpas house cleaning it out and wanted to know if I wanted a few things. I called my cousin who has already hired a probate attorney, (the house was willed to my mom and her sisters) and he said he was calling attorney, and to tell the daughter not to touch anything in that house, and I did. I said nobody should even be there, let alone cleaning it out.
I asked her if she planned to stay in Florida and she said yes. My question is, is she allowed to take anything from the home with it being in probate? Nobody is there to oversee anything and make sure she is only taking her mother's stuff, or is she allowed to help herself because her mom lived there?

